WVC 22 - 3 - 10
§22-3-10. Reclamation plan requirements.
(a) Each reclamation plan submitted as part of a surface
mining permit application shall include, in the degree of detail
necessary to demonstrate that reclamation required by this article
can be accomplished, a statement of:

(1) The identification of the lands subject to surface mining
over the estimated life of these operations and the size, sequence
and timing of the operations for which it is anticipated that
individual permits for mining will be sought;

(2) The condition of the land to be covered by the permit
prior to any mining, including: (A) The uses existing at the time
of the application and, if the land has a history of previous
mining, the uses which preceded any mining; (B) the capability of
the land prior to any mining to support a variety of uses, giving
consideration to soil and foundation characteristics, topography
and vegetation cover and, if applicable, a soil survey prepared
pursuant to subdivision (15), subsection (a), section nine of this
article; and (C) the best information available on the productivity
of the land prior to mining, including appropriate classification
as prime farmlands and the average yield of food, fiber, forage or
wood products from the lands obtained under high levels of
management;

(3) The use which is proposed to be made of the land following
reclamation, including a discussion of the utility and capacity of
the reclaimed land to support a variety of alternative uses, including, but not limited to, renewable and alternative energy
uses, residential uses, highway uses, industrial uses, commercial
uses, agricultural uses, public facility uses or recreational
facility uses, and the relationship of the use to existing land use
policies and plans and the comments of any owner of the surface,
other state agencies and local governments which would have to
initiate, implement, approve or authorize the proposed use of the
land following reclamation;

(A) The post-mining land use proposed in any reclamation plan
for lands proposed to be mined by surface mining methods shall
comport with the land use that is specified in the approved master
land use plan for the area as provided in section nine, article
two-a, chapter five-b of this code: Provided, That the secretary
may approve an alternative post-mining land use where the applicant
demonstrates that:

(i) The proposed post-mining land use is a higher and better
use than the land use specified in the approved master land use
plan;

(ii) Site-specific conditions make attainment of a post-mining
land use which comports with the land use that is specified in the
approved master land use plan for the area impractical; or

(iii) The post-mining land use specified in the approved
master land use plan would substantially interfere with the future
extraction of a mineable coal bed, as that term is defined in rules
promulgated by the Tax Commissioner relating to the valuation of active or reserve coal property for ad valorem property tax
purposes, 110 C.S.R. 1I-3 or a successor rule, from the land to be
mined.

(B) Existing permits with approved reclamation plans may be
modified by the operator through an appropriate permit revision to
include a post-mining land use which comports with the land use
that is specified in the approved master land use plan for the area
as provided in section nine, article two-a, chapter five-b of this
code;

(C) By complying with a master land use plan that has been
approved in accordance with article two-a, chapter five-b of this
code, a post-mining land use satisfies the requirements for an
alternative post-mining land use and satisfies the variance
requirements set forth in subsection (c), section thirteen, article
three, chapter twenty-two of this code if applicable to the
proposed use;

(4) A detailed description of how the proposed post-mining
land use is to be achieved and the necessary support activities
which may be needed to achieve the proposed land use;

(5) The engineering techniques proposed to be used in mining
and reclamation and a description of the major equipment; a plan
for the control of surface water drainage and of water
accumulation; a plan, where appropriate, for backfilling, soil
stabilization and compacting, grading, revegetation and a plan for
soil reconstruction, replacement and stabilization pursuant to the performance standards in subdivision (7), subsection (b), section
thirteen of this article for those food, forage and forest lands
identified therein; and a statement as to how the operator plans to
comply with each of the applicable requirements set out in section
thirteen or fourteen of this article;

(6) A detailed estimated timetable for the accomplishment of
each major step in the reclamation plan;

(7) The consideration which has been given to conducting
surface mining operations in a manner consistent with surface owner
plans and applicable state and local land use plans and programs;

(8) The steps to be taken to comply with applicable air and
water quality laws and rules and any applicable health and safety
standards;

(9) The consideration which has been given to developing the
reclamation plan in a manner consistent with local physical
environmental and climatological conditions;

(10) All lands, interests in lands or options on the interests
held by the applicant or pending bids on interests in lands by the
applicant, which lands are contiguous to the area to be covered by
the permit;

(11) A detailed description of the measures to be taken during
the surface mining and reclamation process to assure the protection
of:

(A) The quality of surface and groundwater systems, both on
and off site, from adverse effects of the surface mining operation;

(B) The rights of present users to the water; and

(C) The quantity of surface and groundwater systems, both on
and off site, from adverse effects of the surface mining operation
or to provide alternative sources of water where the protection of
quantity cannot be assured;

(12) The results of tests borings which the applicant has made
at the area to be covered by the permit or other equivalent
information and data in a form satisfactory to the director,
including the location of subsurface water and an analysis of the
chemical properties, including acid-forming properties of the
mineral and overburden: Provided, That information which pertains
only to the analysis of the chemical and physical properties of the
coal, except information regarding the mineral or elemental
contents which are potentially toxic in the environment, shall be
kept confidential and not made a matter of public record;

(13) The consideration which has been given to maximize the
utilization and conservation of the solid fuel resource being
recovered so that reaffecting the land in the future can be
minimized; and

(14) Any other requirements as the director may prescribe by
rule.

(b) A reclamation plan pending approval as of the effective
date of this section may be amended by the operator to provide for
a post-mining land use that comports with a master land use plan
that has been approved in accordance with article two-a, chapter five-b of this code.

(c) The reclamation plan shall be available to the public for
review except for those portions thereof specifically exempted in
subsection (a) of this section.

(d) The amendments to this section by the first extraordinary
session of the Legislature in 2009 are effective upon the approval
of the corresponding amendments to West Virginia's state program,
as that term is defined in the federal Surface Mining Control and
Reclamation Act of 1977, 30 U.S.C. §1291, by the federal Office of
Surface Mining Reclamation and Enforcement.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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